Terms of Use
Effective Date: This Terms of Use Agreement (the “Agreement”) was last updated on February 22, 2008.
This Terms of Use Agreement sets forth the standards of use of the website at www.freelayouts.com (the “Site”) operated by HostIllusion Networks, Inc. (“HostIllusion” or “we” or “us”). By using the Site, you (“you” or the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this Agreement, you should immediately cease all usage of the Site. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the Site. Your continued use of the Site after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
1. Compliance with Laws.
You assume all knowledge of applicable law and is responsible for compliance with any such laws. You may not use the Site in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.2. Copyright and Trademark Information.
(a) By submitting to HostIllusion any website layouts (“Content”), you warrant and represent that you own all rights, including but not limited to all U.S. copyright rights, in and to the Content. You grant to HostIllusion the worldwide, perpetual, irrevocable, royalty-free, sublicensable right and license to reproduce and prepare derivative works of the Content for the purpose of promoting and making the Content available on the Site. To the extent that you do not own all rights in and to the Content or that HostIllusion’s use of any of the Content as permitted under this Agreement infringes or otherwise violates the rights of any third party, you agree to indemnify and hold HostIllusion harmless from any claims or demands, including attorneys’ fees and costs, incurred by HostIllusion with respect thereto.
(b) All content on the site other than Content provided by third parties is either owned or licensed by HostIllusionand and may not be reproduced or used in any manner without the express written permission of HostIllusion. Copyright © 2008-2009 HostIllusion Networks, Inc.. All rights reserved.
(c) FREELAYOUTS, FREELAYOUTS.COM and HOSTILLUSION are trademarks owned by HostIllusion and may not be used without prior written permission of HostIllusion.
3. Notification of Claimed Copyright Infringement.
If you believe that any content on the Site infringes your copyright rights, please provide HostIllusion’s copyright agent with information as required by Section 512(c) of the U.S. Copyright Act. HostIllusion’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Douglas M. Isenberg, Esq.The GigaLaw Firm
5 Concourse Parkway
Suite 3000
Atlanta, Georgia 30328
E-mail: disenberg@GigaLawFirm.com
4. Privacy
(a) HostIllusion may collect certain information from and about its users by, among other things, directly from our web server logs, from users, and with cookies.
(b) This Site contains links to other sites. We are not responsible for the privacy practices or the content of such Web sites.
(c) The Site is not directed to children under 13 years of age, and children under 13 years of age shall not use the Site to submit any individually identifiable information about themselves.
5. Disclaimer of Warranties.
The Site is provided by HostIllusion on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, HostIllusion makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Site in terms of its correctness, accuracy, reliability, or otherwise. HostIllusion shall have no liability for any interruptions in the use of the Site. HostIllusion disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore, the above-referenced exclusion may be inapplicable.
6. Limitation of Liability.
HOSTILLUSION SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR HOSTILLUSION SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNTER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF HOSTILLUSION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE.
7. Indemnification.
Member agrees to indemnify and hold HostIllusion, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Site, the violation of this Agreement, or violation of any law by Member.
8. Modifications and Interruption to Site.
HostIllusion reserves the right to modify or discontinue the Site with or without notice to the Member. HostIllusion shall not be liable to Member or any third party should HostIllusion exercise its right to modify or discontinue the Site. Member acknowledges and accepts that HostIllusion does not guarantee continuous, uninterrupted or secure access to the Site, and operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of HostIllusion’s control.
9. Disclaimer Regarding Accuracy of Information Provided by Third Parties.
Specifications about and other information regarding website layouts on the Site have been provided by third parties and is not verified by HostIllusion. While HostIllusion makes every effort to ensure that the information on the Site is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on the Site.
10. Governing Law and Jurisdiction.
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without reference to conflict of laws principles. You agree that any legal action brought under or in conjunction with this Agreement shall be brought in a federal or state court of appropriate jurisdiction in the State of New York and venue shall be proper in that court.
11. Other Terms.
If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Agreement and any other agreements referenced herein may be assigned by HostIllusion in its sole discretion, to a third party in the event of a merger or acquisition. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member.